Docket:
A-26-13
Citation: 2013
FCA 212
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
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BETWEEN:
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DR. V.I. FABRIKANT
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Appellant
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and
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HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
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Respondents
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Heard at Montréal, Quebec, on September 12, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September
12, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Docket:
A-26-13
Citation:
2013 FCA 212
CORAM:
NOËL
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
|
BETWEEN:
|
|
DR. V.I. FABRIKANT
|
|
Appellant
|
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and
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HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
CORRECTIONAL SERVICE CANADA
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Montréal, Quebec, on September 12, 2013).
NOËL J.A.
The motion to
allow new evidence to establish that Correctional Service Canada is in a
position to provide the Appellant with a second parka is allowed, and the
appeal from the interlocutory order of the Federal Court is dismissed with
costs, no error having been demonstrated in the Federal Court judge’s exercise
of discretion.
"Marc Noël"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-26-13
(APPEAL FROM AN ORDER OF JUSTICE BÉDARD DATED
DECEMBER 19, 2012, DOCKET NO. T-1764-12)
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STYLE OF CAUSE:
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DR. V.I.
FABRIKANT v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, CORRECTIONAL SERVICE CANADA
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PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
SEPTEMBER
12, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED
FROM THE BENCH BY:
NOËL
J.A.
APPEARANCES:
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Dr. Valery Fabrikant
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FOR THE APPELLANT
(ON HIS OWN BEHALF)
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Pascale-Catherine Guay
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For The RespondentS
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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For The RespondentS
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